Vanessa Castro, Veronica Flores v. Emeritus Corporation, Summerville at Harden Ranch LLC dba Emeritus at Harden Ranch, and Does 1 through 50, inclusive
Published: Sep. 21, 2013 | Result Date: Aug. 22, 2013 | Filing Date: Jan. 1, 1900 |Case number: 5:11-cv-3504 Settlement – $2,195,000
Court
Monterey Superior
Attorneys
Plaintiff
Charles Swanston
(Fitzpatrick, Spini & Swanston)
B. James Fitzpatrick
(Fitzpatrick & Swanston)
Defendant
Mark S. Askanas
(Jackson Lewis PC)
Dylan B. Carp
(Jackson Lewis PC)
Facts
Vanessa Castro and Veronica Flores filed a class action against Emeritus Corp., Summerville at Harden Ranch LLC dba Emeritus at Harden Ranch alleging state labor law violations for allegedly underpaying workers. Emeritus operates assisted living facilities throughout the country. The lawsuit covered nonexempt, hourly workers employed by Emeritus, in California, from 2007 to 2013.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants failed to provide meal and rest periods and failed to pay all wages owed. Plaintiffs also contended that defendants failed to properly pay for time spent in training.
DEFENDANTS' CONTENTIONS:
Defendants denied any wrongdoing. Defendants contended that its staff was properly compensated.
Result
The parties agreed to settle the dispute for $2.195 million in a settlement. The lawsuit encompassed all nonexempt, hourly employees in California, workers who bathed and fed elderly residents, those who administered medications, and those that cleaned the facilities.
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